A. Except as otherwise provided by Section 1500 et seq. of this title, the county purchasing agent shall have the authority to develop, implement and promote policies and procedures that allow the procurement of materials and equipment through contracts that are flexible, value based and are in the best interests of the state and its political subdivisions.
B. Except as otherwise provided, the county purchasing agent shall have the authority to use electronic commerce for the solicitation, notification, and other purchasing processes. For purposes of this subsection, "electronic commerce" means the use of electronic methods to enable solicitations, open bids, supplier response, bid submission, notice of contract award, county acquisition processes, or any other function to make an acquisition.
C. The boards of county commissioners shall have the authority to conduct a procurement transaction by electronic means subject to the provisions of the Uniform Electronic Transactions Act.
D. The board of county commissioners shall have the authority to establish an online bidding process with a vendor authorized by state contract as provided by the Office of Management and Enterprise Services.
1. The purchasing agent shall comply with all bid notice requirements as prescribed in paragraph 2 of subsection B of Section 1505 of this title or the Public Competitive Bidding Act of 1974.
2. Solicitations shall designate an opening and closing date and time for bids. Sealed bids received pursuant to this subsection shall be first opened in an open meeting of the board of county commissioners concurrently with other sealed bids received as provided in Section 1505 of this title or the Public Competitive Bidding Act of 1974.
3. The board of county commissioners shall be authorized to require online bidders to register before the opening date and time and, as part of that registration, require bidders to agree to any terms, conditions or other requirements of the solicitation or applicable acts.
4. The board of county commissioners shall be authorized to require potential online bidders to prequalify as bidders. Solicitations and published bid notices shall indicate the prequalification requirements for online bids. Bids submitted by online bidders not meeting a prequalification requirement shall be disqualified from consideration.
Added by Laws 1999, c. 399, § 3, eff. July 1, 1999. Amended by Laws 2010, c. 64, § 1, eff. July 1, 2010; Laws 2013, c. 358, § 2, eff. July 1, 2013; Laws 2020, c. 30, § 1, eff. Nov. 1, 2020.